VANDANA BALONI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri M.S. Bisht, the learned Counsel for the Petitioner, Sri Subhash Upadhyaya, the learned Brief Holder for the State and Sri Nagesh Agarwal, the learned Counsel for the Respondent Nos. 3 and 4.

(2.) The Petitioner has filed the present writ petition for the quashing of the order dated 02nd January, 2007 passed by Respondent No. 3 and for issuance of a writ of mandamus commanding the Respondents to give an appointment to the Petitioner on compassionate ground under the Dying-in-Harness Rules.

(3.) The facts leading to the filing of the writ petition is that the husband of the Petitioner was working as an Accountant in the office of Khadi Gram Udhog, Haridwar and was missing since 29.10.2005. The Petitioner lodged a complaint in the police station on 30th October, 2005. The matter was investigated and the police gave a final report dated 19.06.2007 stating therein that the husband of the Petitioner cannot be found. Since the Petitioner's husband remained missing and the family was facing critical financial condition, the Petitioner moved an application before the authority concerned praying for an appointment on compassionate ground. The Chief Executive Officer, by an order dated 02.01.2007, rejected the claim of the Petitioner on the ground that seven years had not elapsed since the Petitioner's husband was found missing and therefore, the application of the Petitioner could not be considered. The Petitioner, being aggrieved by the said order, has filed the present writ petition.